Michigan Court Records

The Michigan court system is divided into three levels: the highest court, the intermediate appellate court, and the trial courts. About 2.2 million cases are filed annually in Michigan courts.

The highest court in Michigan is the supreme court. The supreme court reviews cases from lower courts and interprets state laws. The intermediate appellate court is the court of appeals, which hears appeals from trial courts, ensuring the proper application of legal principles.

At the trial court level, circuit courts have general jurisdiction, handling serious matters such as felony criminal cases, family law disputes, and civil cases with disputes exceeding $25,000. These courts also manage appeals from lower courts. The district courts, on the other hand, have limited jurisdiction and deal with misdemeanors, small claims, landlord-tenant disputes, and civil cases involving disputes under $25,000.

Additionally, probate courts specialize in cases involving wills, estates, guardianships, and mental health proceedings, ensuring that these sensitive matters are handled appropriately. Michigan's trial courts also include the court of claims, which is a limited jurisdiction court authorized to handle civil actions filed against the State of Michigan and its agencies. Examples of cases filed by the court include tax-related suits, prisoner litigation, medical malpractice, highway defects, contracts, constitutional claims, and other claims for money

Also, while many jurisdictions have consolidated their municipal courts into district courts, there remain about four municipal courts in the state. Municipal courts manage ordinance violations and some civil cases, addressing issues specific to their communities.

What Are the Types of Court Records In Michigan?

The court system in Michigan comprises several court types dedicated to handling specific court cases. At each courthouse in the state, there is a clerk tasked with maintaining the records created and generated in that court through case filings, proceedings, and judgements.

The following are the types of records maintained by each court type in the Michigan court system:

• Supreme Court
• Opinions and Decisions: Written rulings on cases heard by the Supreme Court.
• Case Dockets: Records of all cases reviewed by the Supreme Court, including case numbers, parties, and procedural history.
• Oral Argument Transcripts: Transcripts of oral arguments made before the justices.
• Administrative Orders: Court rules and procedural updates issued by the Supreme Court
• Court of Appeals
• Appellate Case Dockets: Information on appeals, including case details, filings, and outcomes.
• Opinions and Rulings: Written decisions issued by appellate judges.
• Briefs and Legal Arguments: Documents filed by attorneys presenting arguments for or against an appeal.
• Oral Argument Records: Transcripts or recordings of oral arguments in appellate cases.

• Circuit Courts
• Criminal Case Records: Felony charges, trial proceedings, sentencing documents, and probation reports.
• Civil Case Records: Lawsuits exceeding $25,000, including personal injury claims, contract disputes, and property disputes.
• Family Court Records: Divorce, child custody, child support, adoption, and domestic violence cases.
• Juvenile Court Records: Cases involving minors, including delinquency and child protective proceedings.
• Appellate Records from Lower Courts: Appeals from district courts and probate courts.
• District Court
• Misdemeanor Case Records: Charges, plea agreements, trial transcripts, and sentencing details.
• Traffic Violation Records: Speeding tickets, OWI/DUI cases, and other moving violations.
• Small Claims Court Records: Lawsuits up to $6,500, including claim forms and rulings.
• Landlord-Tenant Dispute Records: Eviction cases, lease disputes, and related filings.
• Civil Lawsuit Records: Cases involving monetary claims up to $25,000.
• Probate Court
• Estate and Will Records: Wills, trusts, and estate administration records.
• Guardianship and Conservatorship Records: Court orders appointing legal guardians or conservators for minors or incapacitated adults.
• Mental Health Commitment Records: Involuntary hospitalization and psychiatric treatment orders
• Court of Claims
• Claims Against the State: Lawsuits involving state agencies, such as contract disputes or claims of wrongful government action.
• Financial Compensation Cases: Lawsuits seeking monetary damages from the state.
• Municipal Court
• Local Ordinance Violation Records: Cases involving city code violations, such as noise complaints and local traffic infractions.
• Misdemeanor and Traffic Records: Minor criminal cases and traffic offenses under municipal law.

Are Michigan Court Records Public?

Most Michigan court records are accessible to members of the public by Michigan Court Rule 8.119. While access to records of public bodies in the state are governed by the state Freedom of Information Act (FOIA), access to court records in the state are governed by the Michigan Court Rule. This rule ensures transparency by allowing anyone to request and view court records in the state. However, some records are exempt from public access due to legal restrictions and privacy concerns.

Examples of court records not open to the public in Michigan are:

• Juvenile records
• Adoption records
• Certain family court cases, such as those involving child custody evaluations
• Records containing personal identifiers
• Expunged and sealed criminal records

There are many reasons why courts in Michigan may seal a case or restrict it from public access. Some of these reasons include if the information in the case related to confidential settlements, protection of crime victims or minors, national security or public safety concerns, and trade secrets or sensitive business information. Restricted records in Michigan are typically only available to attorneys, law enforcement, or persons involved in the case.

How Do I Search Michigan Court Records?

Per Michigan court rules, access to court records in the state is available online and offline. Online access is provided via the MiCOURT Case Search tool. On the tool, you may search for case information using a name or case number search option. If you are using the name search option, you must provide the last name or business name of the individual or entity. Other information that you may provide to aid a more precise search are first name, middle name, and the birth year of the individual.

If you want to access Michigan court records offline, you must visit the courthouse where the case was filed.

How To Retrieve Court Records Offline

The information provided on the MiCOURT Case Search is for information use and does not replace the official record on file with the court. If you want a certified copy of a Michigan court record, you must visit the clerk's office at the courthouse where the case was filed. Each court has a clerk who is responsible for maintaining records of that court.

At the office of the clerk of the court, you will be required to provide some information that will help the office locate the record you want. Examples of the information required include the following:

• Case number
• Names of parties involved in the case
• Approximate dates for when the case was active or concluded
• Any other relevant information

Note that there is no specific processing time for responses to court record requests. The time taken to respond to a request varies depending on the court's workload and the availability of the documents. While simple requests may be processed the same day, complex or older records may take several days or weeks to process.

Also, the copying fee for Michigan court records typically ranges from $1 to $2 per page, depending on the court, while the certification fee is about $10 per document.

Can I Seal or Expunge a Michigan Court Record?

Sealing refers to a process whereby a record is restricted to the public and cannot be accessed publicly, while expungement refers to a process of removing previous offenses from your public records. Expungement in Michigan is also called a set aside.

Michigan allows for an automatic set aside for certain records. However, if your record is not eligible for automatic setting aside, you may petition the court to have it expunged. Michigan has complex expungement laws; hence, it is recommended that you consult an experienced expungement attorney in the state before petitioning to have the court expunge your record. Records that may be automatically set aside include the following:

• Misdemeanors punishable by less than 93 days of imprisonment (there is no limit on the number of misdemeanors in this category that may be automatically set aside. However, there is a 7-year waiting period before the records may be expunged)
• Misdemeanors punishable by 93 days or more imprisonment (No more than four misdemeanors in this category may be automatically expunged. There is also a 7-year waiting period before the record may be set aside)
• Felonies (No more than two felonies may be automatically set aside. However, the state imposes a 10-year waiting period for felonies to be automatically expunged).

Not all offenses may be expunged in Michigan. Excluded offenses include:

• All offenses punishable by life imprisonment
• Second-degree child abuse
• Human-trafficking-related offenses
• Second-degree criminal sexual conduct
• Fourth-degree criminal sexual conduct committed after January 12, 2015
• Assault with intent to commit criminal sexual conduct
• Terrorism-related offenses
• Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence
• Using a computer to commit sex crime offenses
• Child sexual abuse material or activity offenses
• Third-degree criminal sexual conduct

The statutory criteria for expunging a conviction record for an adult offense in Michigan is contained in MCL 780.621. You may file an expungement petition if you were convicted of one or more criminal offenses, including felonies and misdemeanors, but no more than a total of three felony offenses. Hence, you may expunge up to three felony convictions and an unlimited number of misdemeanors. Note that there are waiting periods of three, five, or seven years depending on the type and number of convictions sought to be expunged.

To file a setting-aside petition in Michigan, you may follow these steps:

• Use the Internet Criminal History Access Tool (ICHAT) provided by the Michigan State Police (MSP) to review your public criminal history.
• Verify your eligibility for expungement based on Michigan's laws.
• Complete the Set Aside Conviction application form with accurate details.
• Obtain a certified copy of your convictions from the court where the case was heard.
• Get a set of your official fingerprints from your local law enforcement agency.
• Submit the completed application packet, including all required documents, to the following:
• Michigan State Police (MSP)
• The convicting court
• The prosecuting agency
• The Michigan Attorney General's office
• Wait to receive responses from the MSP, the prosecuting agency, and the Michigan Attorney General.
• If your hearing date has not already been scheduled, request and secure one from the court.
• Attend the court hearing, where the judge will decide whether to approve your expungement request.
• If the judge grants your application, ensure you:
• Obtain a certified copy of the court's order.
• Confirm that the court clerk has sent copies of the order to all relevant parties.

How To Search Federal Court Records in Michigan

The United States District Courts for the Eastern and Western Districts of Michigan are the two federal courts in Michigan. These courts have jurisdiction over cases relating to bankruptcy, disputes involving the federal government, admiralty and maritime law, and matters involving the United States Constitution and federal statutes.

The records of the two federal courts in Michigan are available online and offline. To access Michigan federal court records online, visit the Public Access to Court Electronic Records (PACER) system. To use PACER:

• Register for an account on the PACER website.
• Log in and search for cases using criteria such as case number, party name, or court location.
• Access case summaries, docket entries, and documents. Note that PACER charges $0.10 per page, with a maximum of $3.00 per document.

To access federal court records in Michigan offline:

• Visit the clerk's office at the federal courthouse where the case was filed.
• Provide details such as the case number, party names, or filing date to assist in locating the records.
• Request copies, which may involve a fee for printing and certification.

How To Get Michigan Court Records Online for Free?

You may access Michigan court records online for free via the MiCOURT Case Search, provided you have the party name or case number of the case available. In addition to the official Michigan case search tool, third-party databases also offer access to Michigan court records for free. One such website is peoplerecords.us.